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(영문) 대구지방법원 2017.11.21 2017고단5254
업무방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant, at around 01:10 on September 13, 2017, 201, was able to avoid disturbance by stating that “the Defendant, at a singing shop operated by the victim D, who had no drinking value, intends to go out of the main store without paying the drinking value, and the victim demands the drinking value to change the drinking value.”

Accordingly, the Defendant interfered with the victim's main business by force.

2. Interference with performing public duties;

가. 피고인은 같은 날 01:35 경 위 장소에서 ‘ 술에 취한 손님이 술값을 지급하지 않는다’ 는 취지의 112 신고를 받고 현장에 출동한 경산 경찰서 E 파출소 소속 경찰관 경위 F이 피고인에게 인적 사항 등을 묻자 " 씨 발, 좆만한 새끼야. 짭새, 짜 바리, 좆만한 새끼. "라고 욕설을 하며 위 F의 얼굴에 침을 1회 뱉고, 이를 제지하는 위 파출소 소속 경찰관 순경 G의 얼굴에 침을 2회 뱉는 등 폭행하였다.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on handling 112 reports.

B. The Defendant, at around 01:51 on the same day, arrested as a flagrant offender of the crime of interference with the performance of official duties, and was transferred to the police box of the Gyeongsan Police Station E (H) located in the Gyeongsan National Police Station located in the Gyeongsan National Police Station, and was waiting to undergo an investigation, he requested the police officer assigned to the said police box to scambling him, and assaulted him by sending the clothes of G one time.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers related to criminal investigation.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to D, F and G;

1. Investigation report (as to attachment of photographs), photographs, investigation report (as to attachment of the list of cases to be reported, the place of service, and a copy of identification card), and investigation report (as to cell phone images after the arrest of a suspect in the act of committing an offense, the provisions of statutes shall apply);

1. Article 314(1) of the Criminal Act and Article 136 of the Criminal Act concerning criminal facts.

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